Defence fighting admissibility of machete accused's words to police

An Ontario Provincial Police officer testified Monday that Andre Duplin told him that he tried to kill his nephew, that he was scared of Larry Paquette and "I lost my mind."

Const. Frank Senecal was testifying about the accused's utterances at a voir dire — a trial within a trial to determine the admissibility of this evidence.

The 71-year-old Sault Ste. Marie man has pleaded not guilty to assault with a weapon, aggravated assault and attempted murder.

The charges stem from a June 7, 2016 incident where Paquette was attacked with a machete in his Aweres Township home.

Senecal spoke with Duplin shortly after he responded to an 8:34 p.m. call about a bleeding man at 31 Rupert Acres Drive.

Duplin's comments were recorded in the 24-year officer's notebook and dash pad notes.

Senecal said the accused made the first utterance on the porch of the mobile home, indicating that he tried to kill Paquette, that he feared him and "I'm not scared anymore."

When he arrested Duplin and placed him a cruiser, the senior said "He's lucky I didn't kill him," again stating he lost his mind and his nephew scared him, Senecal told prosecutor David Didiodato.

Duplin also made comments when he was being booked in at the OPP detachment, repeating that he was afraid of Paquette, and adding "He don't scare me no more. I can't take it. I cut him up," Ontario Court Justice Andrew Buttazzoni heard.

The voir dire also dealt with admissibility of breath samples taken by Senecal and whether Duplin has consented to the breathalyzer test.

The tests revealed readings of .110 and .091 milligrams of alcohol in 100 millilitres of blood.

On Tuesday, outside the courtroom, defence counsel Jennifer Tremblay-Hall said her cross-examination focused on the inadequacy of the officer's notes.

Senecal is the only officer who testified my client made the utterances and the Crown wants to rely on this, she said.

The issues are voluntariness, whether Duplin had an operating mind, and the reliability and credibility of the officer, Tremblay-Hall said.

The trial was put over until May 11 to give the defence an opportunity to determine if it will call a Sudbury neuropsychologist as an expert witness at the voir dire.

Dr. Matias Mariani is slated to testify at the trial.

Other dates set aside to continue the proceedings are May 17 to 19 and June 21 and 22.  

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